IEC transparency questioned

Mompati Tlhankane | Friday November 3, 2023 11:20

This follows the High Court’s decision to authorise the Umbrella for Democratic Party (UDC) to observe the exercise, which was supposed to run from November 1-30, 2023. Election officials are responsible for maintaining accurate and complete voter registration rolls. But this time around the 11 year-old opposition outfit wants access to polling stations in order to observe the registration, a move the IEC does not allow. The registration period has been postponed and will now run from November 13 to December 8, 2023. The IEC is currently preparing to object to the UDC’s quest to have their registration clerks monitor the registration as the two warring parties return to court on November 7.

Before the IEC postponed the registration, Justice Gaolapelwe Ketlogetswe of the Francistown High Court issued a rule nisi calling on the IEC and other interested parties to show cause on November 7, 2023 why the UDC registration clerks should be interdicted and restrained from monitoring the national elections registration process. The court decision meant that the UDC observers were supposed to temporarily start their observation today until the court’s final determination on November 7. The court order was to allow the UDC clerks to record the names and national identity card numbers of the people registering to vote and record the serial numbers of the people registering to vote. In addition, the UDC agents were to be allowed to record the serial numbers of the registration booklets for each and every registration day at the opening and closing thereof.

IEC is contemptuous - UDC

In an interview with Mmegi following the postponement, the UDC spokesperson Moeti Mohwasa said this confirms what they have always said that the IEC is not there to serve the people. “This postponement is going to greatly inconvenience the people and has the potential of discouraging people to register. Remember that this is the second postponement. The reasons for the postponement are so flimsy,” Mohwasa indicated. He added that if the IEC does not have anything to hide and is committed to transparency, then it would have no qualms in allowing observers in this compilation of the voters' roll. “The information that the observers will be exposed to is the very information that will be shared publicly in the voters' roll when it is published. The observers should be allowed in the whole process from start to finish. It does not make sense to allow voting agents on polling day when they have not observed the compilation of the voters roll,” he pointed out. Mohwasa alleged that the BDP had been using registration officers to register voters in a way that is contrary to provisions of the law. He claimed that this was done by registering people after hours at places outside the registration centres and issuing multiple voter cards to one person under different names. “The law dictates that a potential voter should present himself/herself at the polling station. What the IEC is doing is to undermine the court ruling and is tantamount to undermining a court. In short this is highly contemptuous of the court ruling. Any move that seeks to frustrate a court ruling amounts to contempt,” he further emphasised. As they head to court to face the IEC on November 7, Mohwasa said they are vehemently going to push for the temporary order to be made final. He said it is about deepening democracy in this country and they cannot just sit and allow electoral fraud and rigging to deepen in this country. “We should not allow rigging but instead promote transparency and the rule of law. There should be no distortion of the people's voices. One way of them expressing their voice is through elections. The people's voice is the voice of God and should be respected,” Mohwasa highlighted.

BCP backs UDC

The Botswana Congress Party (BCP), the UDC’s partner on its way out of the coalition, has backed their nemesis revealing that the registration process is marred by controversy because the IEC seems to thrive by operating in conditions of darkness and refuses to allow political parties to observe the process. In a press statement, the BCP spokesperson, Dr Mpho Pheko, said they are of the view that the court order is in the best interest of Botswana's democracy that is anchored on a credible election. “A free, fair and transparent election registration process is a critical aspect of a free, fair and credible electoral process. A registration process may be faulty for a number of reasons. It may be manipulated by officers of the IEC. Names may be misspelt and ID numbers of voters incorrectly recorded. It may also include names of deceased persons. Such problems are common during this phase. These problems or mistakes may be innocent or fraudulent. It is therefore important to have a registration process that is trusted by all stakeholders; a process that is fair and transparent,” Pheko pointed out. Pheko also said the BCP calls upon the IEC not to tarnish their name and that of our country and steal elections from the word go. She said the IEC under cover of darkness has demonstrated breathtaking abuse of state power by gazetting a postponement of the registration process without consulting stakeholders.

IEC unmoved

Asked to comment, some of the allegations brought forward by the opposition, IEC spokesperson Osupile Maroba said: “Most of your questions are on allegations which I wish to leave them as such. I may not respond to each and every one allegation against IEC, particularly those which have been responded to before it becomes IEC word against theirs”. Last week, the UDC president, Duma Boko, indicated that he had lost confidence in the ability of the IEC to conduct credible and fair elections. He feared that the registration is not transparent and pre-empted a potential loss at next year’s general election. With their quest to have their clerks observe the registration, the UDC wants election officials to properly execute their responsibilities in a way that is fair to all voter registration applicants and voters. The UDC wants to obtain information regarding the voter registration process to make next year’s general election transparent, fair, credible and accessible to all. Voters cannot cast valid ballots if they cannot remain on the voting rolls. Members of the public and their representatives must be able make sure that eligible citizens are properly added to the voter rolls, and that those eligible citizens remain on the rolls. Following their alleged rigging of the 2019 General Election, the UDC feels registration officers do not always comply with and enforce voter registration laws fairly and accurately. They want their registration observation to prevent instances where voters are sometimes removed from the rolls through unclear and error-ridden procedures. They believe that transparency of the voter registration process plays an important role in protecting voters therefore their quest to inspect voter registration records contributes to the legitimacy of democracy. The UDC says they are not after sensitive information but rather they demand accountability from the IEC.

BDP happy with the IEC ‘transparency’

Asked to state the BDP's position on other parties such as the UDC requesting to have their observers during voters’ registration, the BDP spokesperson Kagelelo Kentse told this publication in an interview that the BDP respects the rule of law in Botswana including that the UDC has every right to approach the courts if they feel aggrieved by anything. “It’s their basic right as a political party. So we respect the UDC’s decision,” he said. Kentse said currently the IEC act does not provide for party observers during the registration period but only does for voting and counting. Asked if the BDP will deploy its observers if the UDC wins in court, Kentse pointed out that they will await the court decision and we will take it from there. Concerning the IEC's transparency going into this election cycle, Kentse said the BDP is happy. “After the registration process, the IEC avails voters’ rolls to the public for scrutiny for 42 days. This process is called voters’ roll verification process, it’s for anyone to raise any queries or irregularities and report them if identified. This has always worked,” he concluded.

Registration in the Diaspora no longer valid

The last minute registration postponement by the IEC caused a lot of disruptions with some Batswana in the Diaspora ending up registering before the postponement was gazetted. Because of the time differences, polling stations were open before the postponement. In an interview with Mmegi this week, Maroba said the IEC believes there were such possible instances where some Batswana living in other countries ended up registering before the postponement. “However, the affected will be contacted to be re-registered when registration starts,” he pointed out. Maroba said the registration will no longer be valid and effectively it will be cancelled and the form retrieved from them. “Under those circumstances, when registration exercise starts after the deferment, registration clerks would cancel the used forms, retrieve registration cards issued and re-register those voters affected,” the IEC revealed in a statement yesterday.